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VASELS v. LoGUIDICE

No. 860008-CA.

740 P.2d 1375 (1987)

Nicholas C. VASELS, as Trustee of Worldwide Investments Trust, Plaintiff, Appellant, and Cross-Respondent, v. John LoGUIDICE and Johnny Judice, Defendants, Respondents, and Cross-Appellants.

Court of Appeals of Utah.

August 18, 1987.

Attorney(s) appearing for the Case

Michael W. Park, Park, Braithwaite & Eves, Cedar City, for plaintiff, appellant and cross-respondent.

Thomas M. Higbee, Chamberlain & Higbee, Cedar City, for defendants, respondents and cross-appellants.

Before JACKSON, ORME and BENCH, JJ.

OPINION

JACKSON, Judge:

Vasels, the seller, appeals a judgment of the Fifth District Court that held a purported land sale contract unenforceable and ordered him to return a $50,000.00 payment to the buyers, LoGuidice and Judice. Buyers cross-appeal the trial court's denial of prejudgment interest on the $50,000.00. We affirm.

The parties signed an eleven-page document, captioned "Escrow Instructions," on June 3, 1981. It contained a metes and bounds...

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